13-03142L

FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 13-CA-052523
Judge: Fuller, Joseph C
Branch Banking And Trust Company, a North Carolina banking corporation,
Plaintiff, v.
Southern Cross Properties, LLC, an inactive Florida limited liability company; James K. Zerkle, an individual; Carol M. Zerkle, an individual; John Doe as Unknown Tenant #1; John Doe as Unknown Tenant #2; and Any And All Others Claiming By, Through Or Under Said Defendants,
Defendants.
TO: ANY AND ALL OTHERS CLAIMING BY, THROUGH OR UNDER SAID DEFENDANTS
(Addresses Unknown)
YOU ARE NOTIFIED that an action has been filed by Plaintiff, Branch Banking And Trust Company, a North Carolina banking corporation, seeking foreclosure of the following real and personal property:
LOT 17, BLOCK 18 OF UNIT 4, SECTION 9, TOWNSHIP 45 SOUTH, RANGE 27 EAST, LEHIGH ACRES, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, AT PAGE 183, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
The real property described above shall be known as the “Land” within this Notice of Action.
Defendant Southern Cross Properties, LLC shall be known as “Debtor” within this Notice of Action.
Branch Banking and Trust Company shall be known as “Secured Party” within this Notice of Action.
Appurtenances. The benefit of all tenements, hereditaments, easements and other rights of any nature whatsoever, if any, appurtenant to the Land or the improvements, or both, the benefit of all rights-of-way, strips and gores of land, streets, alleys, passages, drainage rights, sanitary sewer and potable water rights, stormwater drainage rights, rights of ingress and egress to the Land and all adjoining property, and any improvements of Debtor now or hereafter located on any of such real property interests, water rights and powers, oil, gas, mineral and riparian and littoral rights, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing (the “Appurtenances”).
Improvements. All buildings, structures, betterments and other improvements of any nature now or hereafter situated in whole or in part upon the Land or on the Appurtenances, regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
Tangible Property. All of Debtor's right, title and interest, in and to all fixtures, equipment and tangible personal property of any nature whatsoever that is now or hereafter (i) attached or affixed to the Land, the Appurtenances, or the Improvements, or (ii) situated upon or about the Land, the Appurtenances and/or the Improvements, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) used, regardless of where situated, if used, usable or intended to be used, in connection with any present or future use or operation of or upon the Land. The foregoing includes: all goods and inventory, all heating, air conditioning, lighting, incinerating and power equipment; all engines, compressors, pipes, pumps, tanks, motors, conduits, wiring, and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, and communications and public address apparatus; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets, and partitions; all rugs, draperies and carpets; all laundry equipment; all building materials; all furniture (including, without limitation, any outdoor furniture), furnishings, office equipment and office supplies; and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing. The property interests encumbered and described by this paragraph are called the “Tangible Property.”
Rents. All rents, issues, incomes and profits in any manner arising from the Land, Improvements, Appurtenances or Tangible Property, or any combination thereof, including Debtor's interest in and to all leases of whatsoever kind or nature, licenses, franchises and concessions of or relating to all or any portion of the Land, Appurtenances, Improvements or Tangible Property, or the operation thereof, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations thereof. The property interests encumbered and described in this subparagraph are called the “Rents.”
Secondary Financing. All of Debtor's right, power or privilege to further encumber any of the Collateral described in this Exhibit, it being intended by this provision to divest Debtor of the power to encumber or to grant a security interest in any of the Collateral as security for the performance of an obligation.
Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property encumbered by this Mortgage into cash or other liquidated claims, or that are otherwise payable for injury to or the taking or requisitioning of any such property, including all judgments, settlements and insurance and condemnation proceeds as provided in the Mortgage.
Contract Rights. All of Debtor's right, title and interest in and to any and all contracts or leases, written or oral, express or implied, now existing or hereafter entered into or arising, in any matter related to the improvement, use, operation, sale, conversion or other disposition of any interest in the Land, Appurtenances, Improvements, Tangible Property or the Rents, or any combination thereof, including all tenant leases, sales contracts, reservation deposit agreements, any and all deposits, prepaid items, and payments due and to become due thereunder; and including, without limitation, contracts pertaining to maintenance, on-site security service, elevator maintenance, landscaping services, building or project management, marketing, leasing, sales and janitorial services; Borrower's interests as lessee in equipment leases, including telecommunications, computers, vending machines, televisions, laundry equipment; and Debtors interests in construction contracts or documents (including architectural drawings and plans and specifications relating to the Improvements), service contracts, use and access agreements, advertising contracts and purchase orders. The property interests encumbered and described in this paragraph are called the “Contract Rights.” Notwithstanding the foregoing, Second Party will not be bound by any of Debtor's obligations under any of the foregoing contracts unless and until Secured Party elects to assume any of such contracts or leases in writing.
Name. All right, title and interest of Debtor in and to all trade names, project names, logos, service marks, trademarks, goodwill, and slogans now or hereafter used in connection with the operation of the Mortgaged Property.
Other Intangibles. All contract rights, commissions, money, deposits, certificates of deposit letters of credit, documents, instruments, chattel paper, accounts, and general intangibles (as such terms from time to time are defined in the Uniform Commercial Code as adopted by the State of Florida (the “Uniform Commercial Code”), in any manner related to the construction, use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Land, Appurtenances, Improvements, Tangible Property or Rents, including all construction plans and specifications, architectural plans, engineering plans and specifications, permits, governmental or quasi-governmental approvals, licenses, utility reservations and rights to receive utility services and all rights to and under fees or charges paid by or credits granted to Debtor or on its behalf in connection with the Land, Improvements and Appurtenances, developer rights, vested rights under any Planned Unit Development or Development of Regional Impact or other project, zoning, or land use approval, insurance policies, rights of action and other choses in action.
The Land, Appurtenances, Improvements and Tangible Property are collectively referred to as the “Mortgaged Property.” The portion of the property encumbered may from time to time consists of intangible personal property, except for the Rents, is called the “Intangible Property.” The Mortgaged Property, Rents, Intangible Property and any other property interests encumbered hereby are hereinafter referred to collectively as the “Collateral.” Wherever used herein, the use of the terms, “Mortgaged Property,” “Rents,” “Intangible Property,” and “Collateral” means and includes all or any portion thereof applicable to the context.
AFTER-ACQUIRED PROPERTY. Without the necessity of any further act of Debtor or BB&T, the lien of and security interest created by this Mortgage automatically will extend to and include (i) any and all renewals, replacements, substitutions, accessions, proceeds, products, additions or after-acquired property for or to the Collateral, and (ii) any and all monies, proceeds and other property that from time to time, either by delivery to Debtor or by any instrument (including this Mortgage) may be subjected to such lien and security interest by Debtor or by anyone on behalf of Debtor, or with the consent of Debtor, or which otherwise may come into the possession or otherwise be subjected to the control of BB&T or Debtor pursuant to this Mortgage or the other Loan Documents.
has been filed against you and you are required to serve a copy of a written defense, if any, to J. Marshall Moorhead, Esq., Plaintiff's attorney, whose address is 150 Second Avenue North, 17th Floor, St. Petersburg, Florida 33701, “30 days after the first date of publication” and file the original with the Clerk of this Court, either before service on Plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in Plaintiff's Complaint.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact James Sullivan, Operations Division Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Dated this 7 day of JUN, 2013.
Linda Doggett, Clerk Of Courts
Lee County, Florida
(SEAL) By: D. Lane
Deputy Clerk
Attorneys for Plaintiff:
J. Marshall Moorhead, Esq.
Florida Bar No. 36274
L. Geoffrey Young, Esq.
Florida Bar No. 188763
ADAMS AND REESE LLP
150 Second Avenue North, 17th Floor
St. Petersburg, FL 33701
Telephone: 727-502-8221 /
Facsimile: 727-502-8250
June 14, 21, 2013 13-03142L